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Et-Tijarie: Jurnal Hukum dan Bisnis Syariah
Published by Universitas Trunojoyo Madura
ISSN : 24422932     EISSN : 25496794     DOI : -
Core Subject : Economy, Education, Social,
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other
Et-Tijarie merupakan salah satu jurnal ilmiah yang diterbitkan oleh Program Studi Hukum Bisnis Syariah, Fakultas Keislaman, Universitas Trunojoyo Madura. Jurnal ini terbit dua kali dalam setahun, yaitu; bulan Januari-Juni dan bulan Juli-Desember. Terdaftar dengan Nomor ISSN: 2442-2932 dan E-ISSN: 2549-6794.
Arjuna Subject : -
Articles 71 Documents
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Sale Legality of Rejected Bandage on Shopee Application from The Perspective of Sharia Economic Law and Protection Law Consumer Naufal, M Taufik; Cahyono, Eko Arief; Ariswanto, Dery
Et-Tijarie Vol 8, No 1: Juni 2023
Publisher : Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ete.v8i1.27193

Abstract

Saat ini produk reject bukanlah suatu komoditas yang diperjualbelikan di Indonesia, salah satunya adalah produk pembalut reject . Produk pembalut reject ini banyak beredar di pasaran seperti yang ada di aplikasi Shopee. Pembalut reject sendiri dijelaskan sebagai produk yang tidak lolos tahap quality control (QC) dan memiliki cacat atau kerusakan yang seharusnya tidak layak edar berdasarkan hukum di Indonesia. Dari segi hukum syariah ekonomi, pembalut reject dengan risiko bahanya ( d}arar ) terhadap kesehatan penggunanya dapat menjadi praktik jual beli yang dilarang karena sebab syarat objeknya. Meski begitu, produk pembalut reject tetap banyak beredar di masyarakat. Penelitian ini bertujuan untuk menganalisis praktik penjualan pembalut reject di Shopee dari perspektif Hukum Perlindungan Konsumen di Indonesia dan Hukum Ekonomi Syariah. Metode penelitian yang digunakan dalam penelitian adalah penelitian kualitatif dengan teknik wawancara, observasi, dan dokumentasi, serta analisis data secara deskriptif analitis berbasis pendekatan lapangan ( penelitian lapangan ). Hasil penelitian menunjukkan bahwa pembalut reject yang dijual melalui Aplikasi Shopee ialah produk yang dalam kondisi yang tidak sesuai standar produksi (rusak) yang dalam kondisi cacat dan bolong. Temuan di lapangan menjadi alasan sehingga penjualan pembalut menolak UU Perlindungan Konsumen. Dari perspektif hukum syariah ekonomi, penjualan pembalut reject dapat memberikan hukum mubah bilamana tidak menimbulkan bahaya dan risiko kesehatan pengguna secara pasti, namun apabila produk tersebut menyebabkan dampak negatif yang pasti maka praktik tersebut adalah jual beli yang dilarang. Dari perspektif d}arar hukumnya menjadi boleh karena dampak yang ditimbulkan adalah d}arar khafi , atau mad}arat yang belum pasti dampaknya.
Legal Remedies Against Distributor Companies for Pending Payment Azkiya, Nailur Rohmatul; Bahagiati, Kurniasih
Et-Tijarie Vol 9, No 2: Desember 2024
Publisher : Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ete.v9i2.27227

Abstract

Relationship between CV distributors. New Nirvana and its retailers are bound by an agreement. The agreement agreed upon by both parties is a written agreement, in the form of a sales invoice. The agreement uses a cash, transfer, or tempo COD (Cash on Delivery) payment system with a deadline of one week. However, some retailers made promises and asked for more time. Therefore, the purpose of the study is to find out the implementation of the CV distribution service payment agreement. Nirwana Baru with retail stores, and reviewing legal remedies against CV. Nirwana Baru for late payment and default by retail stores. This type of research is juridical empiric research with a qualitative approach. The data source consists of primary data and secondary data. The data collection method consists of observation, interviews, literature studies, and documentation. Based on the results of the research, it is known that the implementation of the payment agreement for CV distributors. New Nirwana uses three payment methods: cash, transfer, and tempo COD systems. Retailers who delay payments with the tempo system are very detrimental to distributors because they interfere with the company's financial operations. Then the legal efforts carried out by CV. New Nirwana when there is a default by a retail store is a non-litigation effort, namely deliberation or mediation. Because the company chose not to take this matter to court, as well as the absence of strong evidence as a legal basis. As a result, retailers who are in default are not subject to civil sanctions such as compensation fines. But in reality, CV. Nirwana Baru has never taken the path of litigation or legal.
Legal Problems of Cigarette Excise Enforcement In Province East Java Nurzeha, Suci Yaqiluh; Nashrullah, M Faiz
Et-Tijarie Vol 9, No 1: Juni 2024
Publisher : Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ete.v9i1.27226

Abstract

The high rate of active smoking in Indonesia has serious implications for public health and the country's economy. The Indonesian government has adopted a cigarette excise policy to reduce cigarette consumption and allocate excise revenue for law enforcement, public welfare, and public health through the concept of earmarking tax. This study aims to evaluate the effectiveness of cigarette excise law enforcement implementation in East Java Province, identify challenges faced, and provide recommendations for policy improvement. This research is an empirical juridical research using a descriptive qualitative approach. The primary and secondary data sources in this research are collected through interviews and documentation. The data analysis method used in this research uses the method formulated by Miles and Huberman, namely by reducing data, analyzing data, and drawing conclusions. The results showed that the implementation of regulations on the management of cigarette excise funds for law enforcement in East Java Province has not run optimally because there is a discrepancy between the allocation of funds stipulated in Minister of Finance Regulation Number 215/PMK.07/2021 and practices in the field. Local governments often allocate funds based on regional priorities that prioritize other sectors, resulting in inadequate funds for law enforcement.
Optimization of Digital Technology to Encourage Sustainable Halal Tourism in Lon Malang Beach Sampang Regency Al Mursyid, Mohammad Irsyad; Hermawan, Rudi; Rosyiidah, Afiifah Al
Et-Tijarie Vol 9, No 2: Desember 2024
Publisher : Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ete.v9i2.28984

Abstract

Lon Malang Beach in Sampang Regency has great potential as a sustainable halal tourism destination. However, the management and promotion of this destination still faces challenges, especially in utilizing digital technology to support the growth of this sector. This research aims to analyze the role of digital technology in optimizing halal tourism, including promotion, service and destination management. Research methods involve literature analysis, interviews, and field observations. The research results show that the use of digital technology such as social media, map-based applications and online reservation platforms can increase the visibility and accessibility of destinations. Providing information regarding halal facilities is also a key factor in attracting Muslim tourists. This optimization is expected to be able to support economic, social and environmental sustainability in the area. Some of the important aspects that have been implemented include internet connectivity through Wifi facilities, tourism information systems that utilize social media and websites, QRIS-based payment systems, and local community empowerment through digital skills training and debriefing. Although there have been efforts to optimize digital technology, its implementation still faces several obstacles, such as low digital understanding among the public and challenges in creating attractive digital content.
Consumer Legal Protection Against Defaults in Music Concert Ticket Purchase Deposit Service Anggraeni, Dita Puspita; Sholihah, Agustina Kumala Dewi
Et-Tijarie Vol 10, No 1: Juni 2025
Publisher : Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ete.v10i1.31160

Abstract

Music concert deposit service is a service that provides services to consumers to buy a ticket outside of the original seller of a concert, where the role of music concert deposit service in Indonesia is still many who are interested in using this service. The purpose of this study is to explain the responsibility efforts of service actors to purchase Coldplay music concert tickets and their legal implications for aggrieved consumers as well as a review of defaults against the sale and purchase of Coldplay music tickets in the concept of Sharia maqasid. The research method used in this study is empirical with a sociological juridical approach, the types and sources of data are divided into two, namely primary data and secondary data. Primary data were obtained through observation, interviews and the internet. Secondary data is in the form of documents such as laws and related records. It is then analyzed through the stages of editing, classification, verification, analysis, and conclusion to ensure the validity and relevance of the data. This study shows the results that efforts are made to compensate consumers and consumers get protection from litigation channels in accordance with the Consumer Protection Law and the ITE Law. Acts of default are contrary to the principles of hifz al-mal (protection of property), raf' al-zulm (prevention of tyranny), and maslahah (common good). If the perpetrator does not fulfill his responsibilities can be subject to criminal or civil legal sanctions.
Judge's Ex Officio Authority in Sharia Economic Dispute Resolution Without The Presence of The Defendant Civil Procedural Law Perspective Ais, Afifah Rohadatul; Nahidloh, Shofiyun
Et-Tijarie Vol 10, No 1: Juni 2025
Publisher : Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ete.v10i1.30404

Abstract

In the procedural law system applicable in the judicial environment, there is an ex officio right. In this case, a judge can determine a policy on a decision that is considered good and fair because of his position. Law No. 48 of 2009 emphasizes that courts must adjudicate without discrimination and are obliged to assist those seeking justice. This study aims to determine the ex officio authority of judges in resolving sharia economic disputes without the presence of the defendant from a civil law perspective, using case study 1716/Pdt.G/2024/PA.Bjn. This study is a descriptive qualitative research with an empirical legal approach. The primary data source used is interview data from the panel of judges and the deputy court clerk in case 1716/Pdt.G/2024/PA.Bjn, while the secondary data source is obtained from a list of references related to the material to be analyzed, namely legal documents such as laws, regulations, and court decisions. The findings of this study indicate that judges conduct trials using their ex officio authority to ensure legal effectiveness and certainty, particularly in regulating the execution of collateral objects that are not explicitly requested in the petition. Nevertheless, the judge's actions remain consistent with the principles of civil procedure law, including legal certainty, justice, and judicial proactivity within the boundaries of the authority granted. The exercise of ex officio authority demonstrates that in matters of Islamic economics, judges are not only bound by the reasons stated in the complaint but also tasked with formulating effective and enforceable decisions. 
Consumer Legal Protection Against Defaults in Music Concert Ticket Purchase Deposit Service Anggraeni, Dita Puspita; Sholihah, Agustina Kumala Dewi
Et-Tijarie Vol 10, No 1: Juni 2025
Publisher : Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ete.v10i1.31160

Abstract

Music concert deposit service is a service that provides services to consumers to buy a ticket outside of the original seller of a concert, where the role of music concert deposit service in Indonesia is still many who are interested in using this service. The purpose of this study is to explain the responsibility efforts of service actors to purchase Coldplay music concert tickets and their legal implications for aggrieved consumers as well as a review of defaults against the sale and purchase of Coldplay music tickets in the concept of Sharia maqasid. The research method used in this study is empirical with a sociological juridical approach, the types and sources of data are divided into two, namely primary data and secondary data. Primary data were obtained through observation, interviews and the internet. Secondary data is in the form of documents such as laws and related records. It is then analyzed through the stages of editing, classification, verification, analysis, and conclusion to ensure the validity and relevance of the data. This study shows the results that efforts are made to compensate consumers and consumers get protection from litigation channels in accordance with the Consumer Protection Law and the ITE Law. Acts of default are contrary to the principles of hifz al-mal (protection of property), raf' al-zulm (prevention of tyranny), and maslahah (common good). If the perpetrator does not fulfill his responsibilities can be subject to criminal or civil legal sanctions.
Islamic Economic Ethics in the Formulation of Export Import Policy in the Modern Era Mainah, Mut; Sukti, Surya
Et-Tijarie Vol 10, No 1: Juni 2025
Publisher : Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ete.v10i1.28353

Abstract

The era of economic globalization is growing, so that the application of Islamic ethics in import activities in Indonesia is becoming increasingly relevant to the global demand for sustainable and ethical business practices. This research aims to examine how Islamic ethics can be applied practically in import activities, as well as its impact on the economy and people's welfare. The method used in this study is qualitative with a literature study to evaluate the extent to which import policies can reflect Islamic values. The results of the study show that Islamic ethics not only regulates aspects of economic transactions but also morality in business, prohibits the import and import of goods that have haram elements, the practice of usury, and fraud, and emphasizes the balance between economic benefits and environmental sustainability and community welfare. Sharia-based import policies aim to support local economies, pay attention to social and environmental impacts, and ensure transparency and fairness. With the integration of Islamic values into global trade regulations, import policies can be instrumental in creating a fairer, more sustainable, and beneficial economic system for the wider community.
Integrating Maqasid al-Shariah into Indonesia’s Mortgage Rights: A Normative Analysis toward Substantive Justice Masturi, Frida Nurrahma; Inayah, Asti; Wakhid, Nur
Et-Tijarie Vol 10, No 2: Desember 2025
Publisher : Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ete.v10i2.32320

Abstract

Mortgage right serves as a form of material security that provides legal certainty and protection for creditors when debtors fail to fulfill their obligations. In Indonesia, however, the implementation of mortgage rights particularly within the Islamic financial system remains grounded in the Indonesian Civil Code, which does not fully reflect the core principles of Islamic law: justice (‘adl), benefit (maslahah), and trust (amanah). This study employs a normative juridical approach to examine the concept of mortgage rights from an Islamic legal perspective and its relevance to land mortgage rights. By exploring the doctrine of rahn and the objectives of maqasid al-shariah, the research reveals that Sharia based mortgage rights emphasize not only legal protection but also ethical responsibility and social balance. Accordingly, their implementation should prioritize sulh (amicable settlement) before execution to ensure substantive justice. The study concludes that incorporating maqasid al-shariah values into Indonesia’s material security law reform can harmonize legal certainty with moral fairness, thereby promoting justice and public welfare.
Reformulation of Consumer Protection Law Regulations as an Effort to Enforce Justice in e-Commerce Transactions in Indonesia Rohmah, Firda Nur; Karim, Moh
Et-Tijarie Vol 10, No 1: Juni 2025
Publisher : Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ete.v10i1.28456

Abstract

The development of business is currently increasingly rapid, in addition to the development of technology is also increasingly rapid, so the development of law must also follow the times. Currently in Indonesia there have been various kinds of transactions from face-to-face transactions to online transactions. This does not deny that there will be legal problems that occur. To anticipate this from happening, the government has issued Law Number 8 of 1999 (UUPK) concerning consumer protection. On the other hand, e-commerce transactions make it easier for consumers to meet their needs without having to go far, all needs can be met just by sitting back at home. Therefore, interest in e-commerce is increasing, but it is undeniable that there is also a lot of fraud committed by the parties. The research uses a comparative method with a qualitative approach. Data was collected throught interviews with 10 respondents (costumers and e-commerce business actors) as well as analysis of custumer protection regulatory documents. The research result show a significant gap between theory and practice, especially in terms of customer and business awareness, as well as a lack of effective regulation. The research concludes that it is necessary to improve regulations, increase consumer and business awareness, and develop human resources. The implications of this research can be used as a reference for developing e-commerce consumer protections policies that are more effective and protect consumer rights. This research contributes to the development of consumer protection theory in the context of e-commerce. 

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